Case Note & Summary
The judgment pertains to two connected matters: a Criminal Writ Petition filed by Sushma Ravindra More seeking transfer of investigation of Crime No. 33 of 2018 registered at Ramanand Nagar Police Station, Jalgaon under Sections 302, 201, 120B IPC to an independent agency like CBI, and a Criminal Application filed by Shweta Ravindra More and others seeking quashing of the same FIR. The petitioner, Sushma, is the mother of the deceased and alleged that the investigation was biased and not conducted properly. The applicants in the Criminal Application are the accused persons who sought quashing on the ground that there was no evidence against them. The court perused the grounds and documents on record. It noted that the investigation had already been completed and a charge-sheet had been filed. The court found no merit in the petition for transfer of investigation as no grounds were made out. Regarding the quashing application, the court observed that there was no prima facie material connecting the applicants to the crime. The FIR and the charge-sheet did not disclose any offence against them. Therefore, the court allowed the Criminal Application and quashed the FIR against the applicants. The Criminal Writ Petition was dismissed. The court held that continuing the proceedings against the applicants would be an abuse of the process of law.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Lack of Prima Facie Evidence - FIR under Sections 302, 201, 120B IPC quashed against applicants as there was no material connecting them to the crime - Held that continuation of proceedings would be an abuse of process of law (Paras 2-5). B) Criminal Procedure Code - Transfer of Investigation - Section 173(8) CrPC - Petition for transfer to CBI dismissed as investigation was already completed and charge-sheet filed - No ground made out for transfer (Paras 2-5).
Issue of Consideration
Whether the FIR and investigation should be transferred to CBI or another independent agency; Whether the FIR against the applicants should be quashed for lack of evidence.
Final Decision
Criminal Application No. 3384 of 2018 is allowed. FIR bearing C.R. No. 33 of 2018 registered at Ramanand Nagar Police Station, Jalgaon under Sections 302, 201, 120B IPC is quashed and set aside against the applicants. Criminal Writ Petition No. 814 of 2018 is dismissed.
Law Points
- Quashing of FIR
- Transfer of investigation
- Lack of prima facie evidence
- Abuse of process of law
